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PART 9
ROAD
TABLE OF CONTENTS
Definitions
| definitions | SECTION |
|---|---|
| Transporting Dangerous Goods from the United States into or through Canada | 9.1 |
| Transporting Dangerous Goods to or from an Aircraft or a Ship | 9.2 |
| Reshipping an International Consignment in Canada | 9.3 |
ROAD
Definitions
Definitions for the following terms, used in this Part, are provided in Part 1, Coming into Force, Repeal, Interpretation, General Provisions and Special Cases:
| accidental release | in standard |
|---|---|
| aircraft | in transport |
| carrier | means of containment |
| certification safety mark | net explosives quantity |
| 49 CFR | normal conditions of transport |
| classification | offer for transport |
| consignment | person |
| consignor | public safety |
| dangerous goods | road vehicle |
| dangerous goods safety mark | safety requirements |
| emergency response assistance plan or ERAP | safety standards |
| handling | ship |
| ICAO Technical Instructions | shipping document |
| IMDG Code | shipping name |
| imminent accidental release | standardized means of containment |
9.1 Transporting Dangerous Goods from the United States into or through Canada
(1) A person may handle, offer for transport or transport dangerous goods by road vehicle to a place in Canada from a place in the United States or through Canada from the United States to a place outside Canada in accordance with 49 CFR instead of complying with these Regulations, except for the requirements in subsection (4).
(2) Despite subsection (1), if the handling, offering for transport or transport of dangerous goods is prohibited by these Regulations, a person must not handle, offer for transport or transport dangerous goods by road vehicle to a place in Canada from a place in the United States or through Canada from the United States to a place outside Canada.
(3) Despite subsection (1), a person must comply with these Regulations if the dangerous goods are
(a) intended for disposal; or
(b) designated as not regulated by 49 CFR but are regulated by these Regulations.
(4) A person who handles, offers for transport or transports dangerous goods in accordance with subsection (1) must also comply with the following requirements of these Regulations:
(a) in Part 2, Classification,
(i) section 2.2, Responsibility for Classification, and
(ii) sections 2.3 to 2.8, if the letter "D" follows the hazard class or division number for the dangerous goods in column 1 of the table to section 172.101 of 49 CFR, except for dangerous goods with the shipping name "Consumer commodity" in 49 CFR;
(b) in Part 3, Shipping Document,
(i) subsections 3.1(2) to (4), which require the emergency response assistance plan reference number and telephone number to be shown on a shipping document,
(ii) subsection 3.2(2), Consignor Responsibility,
(iii) section 3.3, Carrier Responsibility,
(iv) section 3.5, Location of a Shipping Document: General Requirements,
(v) section 3.7, Location of a Shipping Document: Road,
(vi) section 3.9, Keeping Shipping Document Information, and
(vii) section 3.10, Legibility and Language;
(c) in Part 4, Dangerous Goods Safety Marks,
(i) section 4.2, Misleading Dangerous Goods Safety Marks,
(ii) section 4.3, Consignor and Carrier Responsibilities for Dangerous Goods Safety Marks, and
(iii) section 4.4, Visibility, Legibility, Colour and Retroreflectivity;
(d) in Part 5, Safety Standards and Safety Requirements: Means of Containment,
(i) section 5.1, Selecting and Using Means of Containment,
(ii) section 5.2, Means of Containment That Is in Standard,
(iii) section 5.3, Certification Safety Marks on a Standardized Means of Containment,
(iv) section 5.4, Loading and Securing Dangerous Goods and Means of Containment, and
(v) section 5.9, Net Explosives Quantity for Explosives;
(e) Part 6, Training;
(f) Part 7, Emergency Response Assistance Plan;
(g) Part 8, Accidental Release and Imminent Accidental Release Report Requirements; and
(h) columns 9 to 11 of Schedule 1 and column 8 of Schedule 2.
(5) If a person uses a means of containment that is not a standardized means of containment to transport dangerous goods in accordance with subsection (1), that means of containment must be designed, constructed, filled, closed, secured and maintained so that under normal conditions of transport, including handling, there will be no accidental release of dangerous goods that could endanger public safety.
According to the definitions of "consignor" and "importer", when dangerous goods are being transported to a place in Canada, the person who imports the dangerous goods is the consignor for the purposes of subsections (6) and (7). If the dangerous goods are being transported through Canada, each person who transports them in Canada (that is, each carrier) is considered to be the consignor while in possession of the dangerous goods.
(6) When dangerous goods are transported to a place in Canada in accordance with this section, the shipping document must include the name and address, including the postal code, of the place of business in Canada of the consignor.
(7) When dangerous goods are transported through Canada to a place outside Canada in accordance with this section, each consignor must attach to the shipping document another document that includes the name and address, including the postal code, of the place of business of the consignor.
9.2 Transporting Dangerous Goods to or from an Aircraft or a Ship
(1) For dangerous goods that are in transport by road vehicle to or from an aircraft, the means of containment that contains them and is to be or has been transported by aircraft may have displayed on it the labels and placards required by the ICAO Technical Instructions for the dangerous goods. The number of labels and placards and their position on the means of containment must be in accordance with the ICAO Technical Instructions.
(2) For dangerous goods that are in transport by road vehicle to or from a ship, the means of containment that contains them and is to be or has been transported between Canada and another country by ship may have displayed on it the labels and placards required by the IMDG Code for the dangerous goods. The number of labels and placards and their position on the means of containment must be in accordance with the IMDG Code.
(3) If a means of containment referred to in subsection (1) or (2) has displayed on it labels and placards required by the ICAO Technical Instructions or the IMDG Code, the road vehicle must have displayed on it, while transporting the means of containment
(a) to or from an aircraft, the placards required by Part 4, Dangerous Goods Safety Marks, that correspond to the labels and placards displayed on the means of containment; or
(b) to or from a ship, the placards required by Part 4, Dangerous Goods Safety Marks, or by the IMDG Code.
9.3 Reshipping an International Consignment in Canada
(1) When a consignment of dangerous goods that originated outside Canada is reshipped within Canada by road vehicle, the dangerous goods safety marks displayed in accordance with 49 CFR, the IMDG Code or the ICAO Technical Instructions at the time of entry into Canada may continue to be displayed.
(2) The shipping document that accompanies the dangerous goods must include a notation that the dangerous goods safety marks are in accordance with 49 CFR, the IMDG Code or the ICAO Technical Instructions, if the dangerous goods safety marks differ from the ones required to be displayed by Part 4, Dangerous Goods Safety Marks.
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